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How Long Do FELA Lawsuits Take to Process? For more than a century, FELA lawsuits have helped to keep railroad workers safe in some of the most hazardous workplaces. FELA settlements and trial awards could include compensation for medical costs loss of wages, discomfort and pain. In contrast to workers' compensation cases, FELA allows recovery of non-economic damages like pain and suffering. This is the reason FELA cases typically result in significant jury verdicts. How long will a FELA lawsuit take? Many factors can impact the time it takes to process a FELA case. For example, whether the case is filed in a state or federal court, the amount of time that is between an injury and when the lawsuit is filed, and other specific details of the case can affect the length of time it takes to get a settlement. fela railroad accident lawyer can give you an estimate of how long it will take to settle your specific FELA claim. Another factor that may impact the length of time a FELA case is the speed in which you can gather medical evidence to support your claim for injury. This is a significant factor for your case because it will allow you to receive the most compensation possible. In certain situations, if you do not receive medical evidence promptly the claim could be denied due to the statute of limitations. The last factor that could influence the length of the FELA lawsuit is the speed at which your employer and you can reach a fair agreement. In some instances the lawyer you choose to work with may be in a position to settle your FELA claim without having to go to trial. This is possible through alternative dispute resolution methods such as mediation, negotiated agreements, arbitration, or mandatory settlement conferences. Some workers may be concerned about whether filing a FELA complaint could negatively impact their relationship to their employer. It is nevertheless crucial to be aware that FELA laws prohibit employers from punishing employees who submit an FELA claim. FELA claims also bypass the limitations on benefits imposed by the laws governing workers' compensation which allows railroad workers injured to receive financial compensation for their pain and suffering. Your attorney must draft a complaint before you can make a FELA suit. The complaint outlines the allegations you have against your employer. After your attorney files the complaint, the employer will have the opportunity to respond and explain any defenses. This can be a long process as your attorneys have to conduct thorough investigation into workplace safety practices and gather evidence to support your assertions. What happens if I do not receive a settlement offer? In FELA cases railroad workers who are injured can seek compensation for past, future and current medical expenses, lost wages, and suffering and pain. Railroad workers earn more than blue-collar workers from other industries. Thus, their FELA payouts are higher. As a result, it is not uncommon to see the parties in a FELA case to settle for substantial amounts of money. The first step to file an FELA lawsuit is to contact an experienced attorney. An attorney will analyze the circumstances surrounding your accident and determine whether you have a valid claim to damages. If you have a valid claim, your lawyer will assist you in filing the necessary documents and conducting thorough investigations into the accident and your employer's reaction to your claim. Once the investigation is complete the attorney will then make a claim for damages to your employer. Your employer can then agree to a settlement, or proceed with an investigation. Trials can be costly and time-consuming, which is why the majority of FELA cases are settled before going to court. During this period you and your attorney will gather medical records as well as other evidence to highlight the severity of your injuries. Your lawyer will also look for witnesses who can provide testimony on your behalf. In addition, you can decide to pursue legal funding, which can provide you with money based on your projected settlement. Contrary to personal loans offered by banks and credit unions, pre-settlement legal funding does not require an extensive credit check or a review of your financial history. A pre-settlement funder will examine your application and give you a quote detailing the terms and conditions of the loan. If you accept the offer, you can receive thousands of dollars before your case has closed. What happens if I don't win my case? Depending on how serious your injury is, you might require medical attention for a time before a settlement is reached. Your lawyer will collect evidence while you are waiting for a settlement, including medical records that show the severity of your injuries as well as testimony from witnesses to support your claim. If needed your lawyer can assist you get pre-settlement legal aid to pay for ongoing treatment and living expenses while you await the final settlement. Many FELA cases are settled prior to trial because both sides wish to avoid costly and risky court proceedings. However, appeals can cause delays in the case at different stages, and sometimes even after the verdict has been handed down. You can always reach out to an attorney for railroad injuries to get more information about these situations. What happens If I lose my case? Railroad employees who have been injured receive a large settlement from their employer, as they are entitled to claim medical expenses, lost wage as well as pain and discomfort. Additionally, railroad workers earn much more than blue-collar employees, and have a higher cost of living, which means they can be compensated for more substantial economic losses. It is important to realize that it may take a long time to settle. This is due to the fact that FELA lawsuits typically involve a number of overlapping steps such as litigation and discovery. If one of the parties files an appeal, it could result in long delays. During this period, the attorney can gather evidence such as medical records and documents that highlight the severity of the injury. They can also look for witnesses to be witnesses on their behalf. If the person who was injured requires financial assistance in this process, they may also seek financing options, like a legal financing loan prior to settlement. A pre-settlement funding company will look at the situation, as as other factors to determine what they can offer. This is unlike personal loans that requires an examination of credit and a review of financial history. Contact a FELA claim attorney today for more information about how to get started.